Re: O/T Property rights

Posted by noncompos on January 05, 2007 at 10:16:21 from (67.42.238.52):

In Reply to: O/T Property rights posted by SamMI on January 05, 2007 at 05:16:48:

As usual in these cases, John T's post is an excellent thumbnail of such situations, particularly their complexity; I'll just add a couple of points (not that John doesn't know about them but because it's impossible to cover everything in these short posts):
(1) non-use is not necessarily proof of abandonment or of intent to abandon;
(2)"hostile" "adverse" "notorious" just means use with your knowledge and with no questions or objections by you, kind of an implied permission; it's flowery legal language and doesn't require any kind of physical confrontation to've happened.
(3) some areas have what is called "Record of Survey" laws/administrative regulations etc; they provide that private surveyors have to "record" their surveys in the County Surveyors office like a deed is recorded in the deed etc records. I've been gone too long to know their effect; I doubt they could change a boundary, but they could illustrate discrepancies, and it seems they could be used as evidence.
(4) a MAJOR point: Expanded Use. A has used a road over B's land for access to A's 20 ac, and has acquired a prescriptive use/adverse use easement. A used the 20 ac for vacations or occasional recreation. Now A decides to build a house,commuting every day; he also need utilities: water, electric, gas lines. Does his esmt cover that?? OR A decides to split the 20 ac into two homesites; or four, with the increased use of the road. Where do As esmt rights stop?? This's probably become fairly well settled now in some states, but it used to give both us and the landowners annoyed, inconvenienced, or damaged? by increased use sharp and shooting pains.
Now I'm getting as long as John T, and I haven't even gotten into forcing ways of necessity, or of the states annoying and confusing use of differing (instead of a universal) language to describe these terms and points...

Replies:

• Re: O/T Property rights John T 12:19:26 01/05/07 (1)
  • Re: O/T Property rights noncompos 20:59:36 01/05/07 (0)

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